Wife withholds consent for matrimonial mortgage

My wife has refused to give consent for the registration of a mortgage over our matrimonial property. I urgently need to pay our children’s school fees, but she does not understand the necessity of this arrangement and keeps saying in Swahili jargon, “Wanaume wameumbiwa mateso.” (men are born to suffer). What should I do?

JD, Mtwara

We are sorry to hear about this. Under Tanzanian law, you cannot legally register a mortgage over matrimonial properties without spousal consent, because both spouses have interests in the matrimonial properties. Since your wife is withholding her consent for the mortgage, unfortunately the mortgage cannot proceed. Perhaps you should explain politely that the mortgage is only temporary, but it seems like her fear stems from the fact that if you default, the house may be auctioned. You should also consider other forms of security including a third party mortgage. You might want to discuss this with your banker and understand other forms of security that you can pledge. Best of luck.